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Judgment
G Basavaraja, J
The appellant has preferred this appeal against the order dated 07.02.2026 passed in Crl.Misc.No.11502/2025 by the C/c LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (for short 'the trial Court').
For the sake of convenience, the parties herein are referred to as per their rank before the trial Court.
Brief facts leading to this appeal are that, on the basis of complaint filed by the victim, Agrahara Police registered the case in Crime No.244/2025 against the accused for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) and 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989.
During the course of investigation, the Investigating Officer has arrested the accused and produced before the trial Court. Accused was remanded to judicial custody, and now, the accused is in judicial custody.
Application was filed under Section 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 for grant of bail. Same came to be rejected by the trial Court. Being aggrieved by rejection of bail application, the appellant has preferred this appeal.
Heard the arguments on both sides. The respondent No.2 present before the Court and files a written memo, in which it is stated as under:
"MEMO
"I am the 2nd respondent in the above case. I met the appellant in judicial custody. He assured to marry me. Therefore, I have no objection to release the appellant on bail."
The Learned counsel for the appellant would submit that, the complainant appeared before the trial Court and stated that she has no objection for granting bail to the accused.
A perusal of the order sheet dated 09.01.2026 reveals that, the respondent No.2 was present before the trial Court and submitted 'No objection' to grant bail to the accused/appellant herein. The trial Court has also observed the same in para No.4 of the impugned order. The trial Court has not given any opinion in this regard. The commission of alleged offence is not punishable with of death or imprisonment for life.
It is submitted by the learned High Court Government Pleader that charge sheet is already filed. Hence, accused is not required for any further investigation. Accused is in judicial custody from 18.12.2025.
Considering the nature and gravity of offence and the memo filed by respondent No.2, I am of the opinion that, it is just and proper to allow the appeal. Accordingly, I proceed to pass the following:
ORDER
(i) Appeal is allowed;
(ii) The order dated 07.02.2026 passed in Crl.Misc.No.11502/2025 by the C/c LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, is set aside. Consequently, the application filed under Section 483 of BNSS, 2023 is allowed;
(iii) The appellant/accused shall be released on bail on executing a self-bond of Rs.1,00,000/- with one surety for likesum to the satisfaction of the trial Court.
(iv) The appellant/accused shall not tamper or threaten the prosecution witness in any manner.
(v) The appellant/accused shall appear before the trial Court on all the dates of the hearing.
Registry is directed to send copy of this order to the trial Court.